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Ex. AGY-ST-DMV-SOS-RECORDERS-039 Order Primary source read

Chapter 71 of the Acts of 2020

An Act providing for virtual notarization to address challenges related to COVID-19

Massachusetts General Court; approved by Governor Charles D. Baker · Massachusetts (General Court) (State)

Open exhibit (PDF, 128 KB)Source (opens in a new tab)
The COVID Project

The record

Jurisdiction
Massachusetts (General Court) · Massachusetts
Level
State
Authority
Mass. Const. pt. 2, ch. 1 (legislative power); emergency legislation tied to the Governor's March 10, 2020 declaration of a state of emergency
Issued
2020-04-23 Apr. 23, 2020
Effective
2020-04-23 (emergency law) (read as 2020-04-23)
End
Section 8: the repealing section 'shall take effect 3 business days after termination of the governor's March 10, 2020 declaration of a state of emergency'; amended by ch. 20 of the Acts of 2021, sec. 7, to take effect 'on December 15, 2021' (AGY-ST-DMV-SOS-RECORDERS-040)
In force
Apr. 23, 2020 (no end date recorded; counted as in force for 120 days)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Courts and public officesOther
Addressees
  • notaries public (including paralegals employed by attorneys)
  • principals and witnesses
  • parties to deeds, mortgages, wills and other notarized documents
Functions reached
  • CL closings, mortgages and deeds
  • OF law offices (paralegal notaries)
  • FI lending documents
  • CB
  • OP corporate documents
Collection
State motor-vehicle offices, secretaries of state and recorders AGY-ST-DMV-SOS-RECORDERS

Operative words

SECTION 3. (a) An acknowledgment, affirmation or other notarial act utilizing electronic video conferencing pursuant to this act shall be valid and effective if: (i) the notary public observes each principal's execution of a document;... [the notary shall] create an audio and video recording of the performance of the notarial act; provided that, the audio and video recording shall be retained for a period of 10 years by the notary public.... SECTION 8. Section 7 shall take effect 3 business days after termination of the governor's March 10, 2020 declaration of a state of emergency.

Enforcement

Statute; notarial acts valid only on compliance with the act's conditions (identification credential, affidavit, recording, physical presence in the Commonwealth)

Notes

Massachusetts registries of deeds had closed to the public in March 2020 (Massachusetts land-records page capture queued as -060); the act allowed closings to proceed with the parties apart.

Retrieval note

Approved April 23, 2020 (the text's 'Approved, April 23, 2020').

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.